Wilson & Co., Inc.

National Labor Relations Board - Board Decisions

Oct 31, 1941

36 N.L.R.B. 570 (N.L.R.B. 1941)

In the Matter Of WILSON & Co., INC., TRADING AS J. EAVENSON & SONS,
DIVISION OFWILSON & Co., INC. and LOCAL 12209, DISTRICT 50, UNITED
MINE WORKERS OF AMERICA
Case No. R--$048.-Decided October 31,1941
Jurisdiction : soap products manufacturing industry.
Investigation and Certification of Representatives : existence of question: re-
fusal to recognize union ; election necessary.
Unit Appropriate for Collective Bargaining : all production, maintenance, and
shipping employees at single plant, excluding foremen, assistant foremen, fore-
ladies, assistant foreladies, watchmen, office employees, factory clerks, depart-
ment clerks, truck drivers, technically trained -laboratory employees, engineers,
timekeepers, and managerial and supervisory employees; stipulation as to.
Mr. Irving R. Segal, of Philadelphia, Pa., and Mr. Paul Ware, of
Chicago, Ill., for the Company.
Mr. Otto Hartmann, of Camden, N. J., for the Union.
Mr. Charles W. Schneider, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
On July 21, 1941, Local 12209, District 50, United Mine Workers of
America, herein called the Union, filed with the Regional Director for
the Fourth Region (Philadelphia, Pennsylvania) a petition alleging
that a question affecting commerce had arisen concerning the repre-
sentation of employees of Wilson & Co., Inc., trading as J. Eavenson
& Sons, Division of Wilson & Co., Inc., Camden, New Jersey, herein
called the Company, and requesting an investigation and certification
of representatives pursuant to Section 9 (c) of the National Labor
Relations Act, 49 Stat. 449, herein called the Act. On September 8,
1941, the National Labor Relations Board, herein called the Board,
acting pursuant to Section 9 (c) of the Act and Article III, Section 3,
of National Labor Relations Board Rules and Regulations-Series 2,
as amended, ordered an investigation and authorized the Regional
Director to conduct it and to provide for an appropriate hearing upon
due notice.
36 N. L. R. B., No. 119.
570
WILSON & CO., INC. 571
On September 10, 1941, the Acting Regional Director issued a notice
of hearing, copies of which were duly served upon the Company and
the Union. Pursuant to notice, a hearing was held on September 18, 24,
and 25, 1941, at Philadelphia, Pennsylvania, before Jerome I. Macht,
the Trial Examiner duly designated by the Chief Trial Examiner. The
Company was represented by counsel, the Union by a representative, and
both participated in the hearing. Full opportunity to be heard, to exam-
ine and cross-examine witnesses, and to introduce evidence bearing on
the issues was afforded all parties. At the conclusion of the hearing the
Company moved to dismiss the petition on the ground that no labor
organization had presented a question concerning representation, and
on the further ground that an appropriate hearing had not been pro-
vided. The Trial Examiner referred the motion to the Board. It is
hereby denied., During the course of the hearing the Trial Examiner
made several rulings on motions and on objections to the admission of
evidence. The Board has reviewed the rulings of the Trial Examiner
and finds that no prejudicial errors were committed. The rulings are
hereby affirmed.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. THE BUSINESS OF THE COMPANY
Wilson & Co., Inc., is a Delaware corporation having its principal
office at Chicago, Illinois, and trading in Camden, New Jersey, as J.
Eavenson & Sons, Division of Wilson & Co., Inc., where the plant
involved in the present proceeding is located . At the Camden plant
the Company is engaged in the manufacture , sale, and distribution of
soap and soap products . The principal raw materials used by the
Company at the Camden plant are oils, fats , perfumes , powders, tallow,
grease, acid , and miscellaneous items. During the year 1940 the gross
value of the raw materials purchased for the plant in Camden was in
excess of $500,000, of which approximately 90 per cent was purchased
and received from sources outside the State of New Jersey . During
the same period the gross volume of the Company's sales at the Camden
plant was in excess of $500,000 , of which approximately 90 per cent
was shipped from Camden to, through , and into States other than
New Jersey.
IIt may he noted that at the opening of the hearing the Trial Examiner accorded the
Company a 6-day continuance on the plea that its chief counsel was unavailable , and that
the Company made no offer to introduce evidence at the continued hearing, although afforded
opportunity to do so.
572 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
II. THE ORGANIZATION INVOLVED
Local 12209, District 50, United Mine Workers of America, affili-
ated with the Congress of Industrial Organizations, is a labor organi-
zation admitting to membership employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about May 24, 1941, the Company declined to recognize the
Union as representative of the production and maintenance employees
at the Camden plant. The Union submitted evidence that it repre-
sents a substantial number of the employees of the Company.2
We find that a question has arisen concerning the representation of
employees of the Company.
IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON
COMMERCE
We find that the question concerning representation which has
arisen, occurring in connection with the operations of the Company
described in Section I above, has a close, intimate, and substantial
relation to trade, traffic, and commerce among the several States and
tends to lead to labor disputes burdening and obstructing commerce
and the free flow of commerce.
V. THE APPROPRIATE UNIT
The Company and the Union stipulated, and we find, that all pro-
duction, maintenance, and shipping employees, at the Company's
Delaware Avenue and Penn Street plant, Camden, New Jersey, ex-
cluding foremen, foreladies, assistant foremen, assistant foreladies,
watchmen, office employees, factory clerks, department clerks, truck
drivers, technically trained laboratory employees, engineers, time-
keepers, and all managerial and supervisory employees, constitute a
unit appropriate for the purposes of collective- bargaining. We fur-
ther find that such unit will insure to the employees of the Company
the full benefit of their right to self-organization and to collective
bargaining and otherwise will effectuate the policies of the Act.
VI. THE DETERMINATION OF REPRESENTATIVES
We find that the question which has arisen concerning the repre-
sentation of employees of the Company can best. be resolved by an
2 The Trial Examiner reported that the Union submitted to him 107 membership authori-
zation cards . Ninety-eight of the cards bear dates between February and Jury 1941; 9 are
undated. Of the 107, 95 appeared to bear genuine original signatures . Eighty -one of the
95 signatures are the names of persons listed on the Company ' s July 19 , 1941 , pay roll, as are
12 names on cards bearing printed signatures . The July 19 , 1941, pay roll contains ap-
proximately 192 employees within the alleged appropriate unit.
WILSON & CO., INC. 573
election by secret ballot. We shall direct that the employees of the
Company eligible to vote in such election shall be those in the appro-
priate unit who were employed during the pay-roll period imme-
diately preceding the date of the Direction of Election herein, subject
to such limitations and additions as are set forth in the Direction
hereinafter.
Upon the basis of the above findings of fact and upon the entire
record in the case, the Board makes the following :
CONCLUSIONS OF LAW
1. A question affecting commerce has arisen concerning the repre-
sentation of employees of Wilson & Co., Inc., trading as J. Eavenson
.& Sons, Division of Wilson & Co., Inc., Camden, New Jersey, within
the meaning of Section 9 (c) and Section 2 (6) and (7) of the National
Labor Relations Act.
2. All production, maintenance, and shipping employees employed
by the Company at its Delaware Avenue and Penn Street plant, Cam-
den, New Jersey, excluding foremen, foreladies, assistant foremen,
assistant foreladies, watchmen, office employees, factory clerks, de-
partment clerks, truck drivers, technically trained laboratory em-
ployees, engineers, timekeepers, and all managerial and supervisory
employees, constitute a unit appropriate for the purposes of collective
bargaining within the meaning of Section 9 (b) of the National Labor
Relations Act.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
49 Stat. 449, and pursuant to Article III, Section 8, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation authorized by the Board
to ascertain representatives for the purposes of collective bargaining
with Wilson & Co., Inc., trading as J. Eavenson & Sons, Division of
Wilson & Co., Inc., Camden, New Jersey, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction of Election, under the direction
and supervision of the Regional Director for the Fourth Region, act-
ing in this matter as agent for the National Labor Relations Board
and subject to Article III, Section 9, of said Rules and Regulations,
among all production, maintenance, and shipping employees em-
ployed by the Company at its Delaware Avenue and Penn Street plant,
Camden, New Jersey, who were employed during the pay-roll period
immediately preceding the date of this Direction, including employees
574 DECISIONS OF NATIONAL-LABOR RELATIONS BOARD
who did not work during said pay-roll period - because they were ill
or on vacation or in the active military service or training of the
United States, or temporarily laid off, but excluding foremen, fore-
ladies, assistant foremen, assistant foreladies, watchmen, office em-
ployees, factory clerks, department clerks, truck drivers, technically
trained laboratory employees, engineers, timekeepers, and all mana-
gerial and supervisory employees, and employees who have since quit
or been discharged for cause, to determine whether or not they desiro
to be represented for the purposes of collective bargaining by Local
12209, District 50, United Mine Workers of America, affiliated with
the Congress of Industrial Organizations.
MR. GERARD D. REILLY took no part in the consideration of the
above Decision and Direction of Election.